HomeMy WebLinkAboutResolution - 2003-R0206 - Res. Declaring Expectation To Reimburse Expenditures - 05_22_2003Resolution No. 2003-RO206
May 22, 2003
Item No. 56
RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for storm
drainage facilities and system improvements for said City (the "Project"), and further
intends to make certain capital expenditures with respect to the Project and currently
desires and expects to reimburse such capital expenditures with proceeds of such
debt; and
WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such
reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its
expectations to make such reimbursements; and
WHEREAS, the Issuer desires to preserve its ability to reimburse the capital
expenditures with proceeds of tax-exempt obligations.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
ISSUER THAT the Issuer reasonable expects to reimburse capital expenditures with
respect to the Projects with proceeds of debt hereafter to be incurred by the Issuer,
and the this resolution shall constitute a declaration of official intent under the
Regulation. The maximum principal amount of obligations expected to be issued for
the Project is $40,135,000.
Passed by the City council this 22nd day' Nay 2003.
MCDOUGAL, MAYOR
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Vandiver, Assistant City
rei_m.debtstormdrain.res
Resolution No. 2003-RO206
Nay 22, 2003
Item No. 56
RESOLUTION NO.
A RESOLUTION approving and authorizing publication of (i) notice of intention to
issue certificates of obligation for drainage improvements and (if) notice of
sale with respect to such certificates of obligation.
WHEREAS, the -City Council of the City of Lubbock, Texas, has determined that
certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local
Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual
obligations to be incurred for (i) drainage improvements, including the acquisition, construction
and repair of structures, equipment and facilities for the City's Municipal Drainage Utility
System, and (ii) professional services rendered in connection with such project and the
financing thereof; and
WHEREAS, the City has determined to take bids for the purchase of such certificates of
obligations and prior to the issuance of said certificates of obligation, this Council is required to
give notice of its intention to issue the same in the manner and time provided by law and to
publish a notice of sale with respect thereto in accordance with the provisions of the City's
Charter; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1': The City Secretary is hereby authorized and directed to cause notice to be
published of this Council's intention to issue certificates of obligation in the principal amount not
to exceed $40,135,000 for the purpose of paying contractual obligations to be incurred for (i)
drainage improvements, including the acquisition, construction and repair of structures,
equipment and facilities for the City's Municipal Drainage Utility System, and (ii) professional
services rendered in connection with such project and the financing thereof, and such
certificates shall be payable from ad valorem taxes and a pledge of the net revenues of the
City's Municipal Drainage Utility System. The notice hereby approved and authorized to be
given shall read substantially in the form and content of Exhibit A hereto attached and
incorporated herein by reference as a part of this resolution for all purposes, and such notice
shall be published in a newspaper of general circulation in the City, once a week for two
consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the
date stated therein for the passage of the ordinance authorizing the issuance of the certificates
of obligation.
SECTION 2: The City Secretary is hereby authorized and directed to cause a notice
relating to the sale of certificates of obligation to be published once a week for a period of thirty
(30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto
attached and incorporated herein by reference as a part of this resolution for all purposes.
SECTION 3: It is officially found, determined, and declared the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by V.T.C.A., Government Code, Chapter 551, as amended.
45313736.1
SECTION 4: This Resolution shall be in force and effect from and after its passage on
the date shown below.
PASSED AND APPROVED, this May 22, 2003.
City Secretary
(City Seal)
45313736.1
2
Exhibit A
NOTICE OF INTENTION TO ISSUE CITY OF
LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION
FOR DRAINAGE IMPROVEMENTS
TAKE NOTICE that the City Council of the City of Lubbock, Texas, shall convene at
10:30 o'clock A.M. on the 241h day of July, 2003, at the City Council Chambers, Municipal
Complex, 1625 13th Street, Lubbock, Texas, and, during such meeting, the City Council will
consider the adoption of an ordinance authorizing the issuance of certificates of obligation in an
amount not to exceed $40,135,000 for the purpose of paying contractual obligations to be
incurred for (i) drainage improvements, including the acquisition, construction and repair of
structures, equipment and facilities for the City's Municipal Drainage Utility System, and (ii)
professional services rendered in connection with such project and the financing thereof, and
such certificates shall be payable from ad valorem taxes and a pledge of the net revenues of the
City's Municipal Drainage Utility System. The certificates are to be issued, and this notice is
given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C
of Chapter 271.
Rebecca Garza
City Secretary
City of Lubbock, Texas
45313736.1
4`
Exhibit B
NOTICE OF SALE
$40,135,000
City of Lubbock, Texas, Tax and Municipal Drainage Utility System Surplus
Revenue Certificates of Obligation, Series 2003
On the 24'h day of July, 2003, the City Council of the City of Lubbock, Texas, plans to
sell the above referenced certificates of obligation during its regular meeting scheduled to begin
at 10:30 o'clock A.M..
A complete description of the Certificates being authorized and sold may be obtained
from the Division of Finance, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457; or from
First Southwest Company, 1700 Pacific Avenue, Suite 500, Dallas, Texas 75201, Financial
Consultants to the City.
45313736.1
Rebecca Garza
City Secretary
City of Lubbock, Texas